The State Secrets Protection Act of 2008 will provide the courts with specific standards and procedures when faced with government claims of state secrets privilege. This much needed reform is in direct response to the frequent abuse of this privilege by the White House and will allow the courts to fully analyze which cases legitimately concern matters of national security and which don’t.

“The Bush Administration has made a mockery of the state secrets privilege, choosing to shield its own problematic conduct from scrutiny rather than protecting actual national security interests,” said Rep. Nadler. “This timely legislation will give our courts the direction they need to make rigorous judgments on what is truly a state secret requiring our collective discretion and what is plain obfuscation by the White House.”

“Our courts must have the power to make measured and unhurried determinations when faced with the aggressive pronouncements of the powers-that-be,” continued Rep. Nadler. “This legislation will provide the courts with an essential tool for oversight of the Executive Branch of government, whether it’s this Administration or any other.”

The state secrets privilege allows the federal government to protect national security information from being disclosed through litigation. The purpose of the privilege is to guard legitimate secrets and not to hide embarrassing or illegal conduct when disclosure presents no true threat to national security.